Although the Civil Partnership Act is great
news for gay couples that wish to acknowledge their relationship, the new
law could prove unfavourable when it comes to couples living together receiving
benefits, says UKC’s Robin Ramsdale
I’m
a 28-year-old gay man who’s been diagnosed for five years. I live together
with my long-term partner. We are both not working and currently receive Income
Support, Housing Benefit and DLA. The Department of Work and Pensions (DWP)
has written to us telling us we have to re-apply for our benefits. Our circumstances
haven’t changed, so what’s going on?
At the moment, same-sex partnerships aren’t recognised by the DWP, therefore
a gay or lesbian couple living together are treated as two single people for
benefit purposes. In most cases this is an advantage financially. However,
this is all about to change. On the 5 December 2005, the Civil Partnership
Act 2004 comes into force, which will give same-sex couples legal recognition
for the first time. Civil Partnerships will confer the same rights to gay
and lesbian couples, as for married heterosexual couples.
One of the effects of the change in the law is that people in same-sex relationships
who live together and claim income-related benefits will be treated as a couple
and no longer as two single people, whether they decide to register their
partnership or not. So, if you are living together with a same-sex partner
and claiming Income Support, income-based Job Seekers Allowance, Housing Benefit,
Council Tax Benefit, Working Tax Credit, Child Tax Credit, or Pension Credit,
you will need to claim again as a couple. The possible consequences of this
change will range from a slight reduction in income for couples who are both
on income-related benefits (bear in mind only one of you will be able to claim
means-tested benefits) to potentially a much more serious situation where
one partner currently in receipt of income-related benefits could lose their
whole entitlement because their partner is working and receiving a salary
in excess of means-tested benefit levels.
This is because the income of both partners will now be treated as joint income,
and the income of the working partner will be expected to support both partners
in the relationship. On a brighter note, non-means-tested benefits such as
Incapacity Benefit, Child Benefit or DLA will not be affected by the new rules,
so you don’t have to do anything about those if you receive them.
If you feel you may be affected by the new changes or simply want more information,
contact your local benefit office. Alternatively, speak to one of the UKC’s
welfare rights and benefits advisers on 020 7564 2180.
